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Can a 209a be filed on behalf of a minor?

Boston, MA |

An judgement/order was recently issued in family probate barring mothers boyfriend from being present during her visitation.Boyfriend found negligent by Dcf. Shared parenting plan and shared legal. My fear is order is not enough to send a message to both mom/boyfriend and of course I could file contempt if violated but I am hoping a a 209a might further solidify this by making sure this gentleman is kept in check and his P.O. is aware. I am concerned for my daughters well being and feel mom or bf may try to violate order putting my daughter back in danger

Attorney Answers 3

Posted

You might want to seek a modification of the custody/visitation order limiting visitation or requiring supervision in a visitation center. As part of your application you can ask for restraining order against the boyfriend and/or on behalf of the child.
You have many issues here, including DCF involvement. You must speak with legal counsel who has benefit of all details, records and facts for best advice.

This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney

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Posted

It is possible to get a 209A abuse prevention order on behalf of a minor but not just for neglect. I have linked below the definitions section of 209A. A 209A can be issued against the boyfriend on behalf of your daughter if he is a "family or household member" of your daughter and engaged in any of the following types of "abuse" with regards to her:

(a) attempting to cause or causing physical harm;

(b) placing another in fear of imminent serious physical harm;

(c) causing another to engage involuntarily in sexual relations by force, threat or duress.

As Atty. Matta suggested, you should consider discussing the matter with a family law attorney in detail to figure out how best to protect your daughter.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.

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8 lawyers agree

Posted

I agree. A restraining order is not meant for the purpose that you stated, & for the reason you stated.

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